Monday, August 26, 2013

The 9th Circuit vs. the 10th Circuit - Judicial Estoppel

The 10th Circuit recently came down with a judicial estoppel decision of their own.  When I compared the facts of the 9th Circuit case vs. the 10th Circuit case, I was shocked to see how the 10th Circuit found that judicial estoppel applied.  Considering that I am a Trustee, I found the following quote more shocking:

"[t]he [bankruptcy] Court accepted this finding and [the Queens] received a no asset discharge."  p. 15 of opinion.

For those who don't know, it is the Trustee who files a no asset report not the Court.  In any case, take a read and compare it to my prior blog on the 9th Cir decision.
 





10th Cir. Judicial Estoppel Case (Queen v. TA Operating)


9th Cir. Blog re Judicial Estoppel

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